City may face suit over fire fees

The city of Ocala has been given notice of a pending class action lawsuit against it regarding fire service fees.

By Susan Latham CarrStaff writer

The city of Ocala has been given notice of a pending class-action lawsuit against it regarding fire service fees.

“There’s a possibility we could be involved in a class-action suit on fire fees,” City Manager Matthew Brower said. “We have gotten notice that it’s a possibility.”

He said that, to his knowledge, the suit had not been filed as of Monday afternoon.

The city collects about $7.5 million in fire service fees each year.

“In a period when we are still trying to dig out from the Great Recession it could have a big impact on us budgetarily,” Brower said, should the fees be found illegal.

He said he could not remember the name of the law firm that would be filing the suit.

Brower said he does not know what such a suit could cost the city.

“We don’t know until a formal suit is filed and find out what they are going to ask us,” Brower said.

Brower said other Florida cities do charge fire fees.

In 2007, Burton & Associates prepared a fire service fee study for the city of Ocala. In that report, the law firm Lewis, Longman & Walker P.A. provided a legal opinion that the fire service fee complies with Florida statutes provided they are spent on fire service infrastructure projects and that administrative charges to collect the fees are restricted to actual costs.

“They issued an opinion that it was legal,” Brower said.

Brower said it also was City Attorney Patrick Gilligan’s opinion that the fees were legal, but the fees have never been challenged in court. He said state statute dictates what kinds of taxes and fees cities can levy, so opponents would be questioning whether the fee is legal under the state’s laws.

Asked if the city would have to refund fees, Brower said, “If we lost the case, the judge would have to determine what the implications are, but that’s too far down the road for me to have any meaningful conclusion.”

He referred questions to Gilligan, who was unavailable to answer questions Monday afternoon.

“We have not had any public meetings on it,” Brower said.

City Council President John McLeod said he spoke to Gilligan regarding the proposed suit but also did not remember the name of the law firm involved. He said Gilligan was expected to meet with the other council members to advise them as well.